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:Job Portability under INA 204(j)
As the beneficiary of an I-140 petition, you may request to change jobs or
employers under INA 204(j), which is commonly known as “porting,” if you:
Are the beneficiary of a pending or approved Form I-140;
If your Form I-140 is pending, it must have been valid when filed. This
means that at the time the Form I-140 was filed, you must have been eligible
for the employment-based visa classification and had a valid job offer;
Filed a Form I-485, Application to Register Permanent Residence or Adjust
Status, and it has been pending for 180 days or more; and
Seek to change jobs to a new job that is in the same or similar occupational
classification.
If you request to change jobs or employers under INA 204(j) while your Form
I-140 is pending, we must approve the Form I-140 before we may approve your
portability request.
Requesting Portability
To request portability under INA 204(j), you and your prospective employer (
this may be your current employer or your future employer) must complete
Form I-485 Supplement J and file it either at the same address used for your
Form I-485, as noted on the “Where to File” section on the Form I-485
Supplement J page, or with the local USCIS field office at the time of your
interview. The completed Supplement J must specify:
The job title, Standard Occupational Classification (SOC) code, and duties
of the offered position,
The date you began employment with your employer, if applicable, and
The offered salary or wage.
The Supplement J must be signed by you and an appropriate authority in your
prospective employer’s organization who is authorized to make or confirm an
offer of permanent employment. For additional filing instructions and
information on where to file, please review the Form I-485 Supplement J web
page.
When you file a Form I-485 Supplement J to request portability under INA 204
(j), we will take the following steps:
We will first determine if you are the beneficiary of an approved Form I-140
petition. If you are not, we will then determine whether any unapproved,
pending Form I-140 filed for you was approvable when filed and remained so
until the associated Form I-485 has been pending for 180 days. We may issue
a request for evidence before making this determination.
If we decide to approve the Form I-140 filed on your behalf, we will
adjudicate your Supplement J. We will determine whether your new position is
the same or similar for INA 204(j) portability purposes and for the Form I-
485.
See the guidance published at 8 C.F.R. 245.25(a)(2)(ii)(B)(1) and (2) for
more information.
